Amtrak Lawsuits for Injuries and Wrongful Deaths

Amtrak lawsuits are among the most complex types of personal injury lawsuits. This is due in part to their magnitude, with many of these trains crashing at over 100 mph. There are often several parties to investigate for liability, similar to trucking accidents. To further complicate matters, the injuries are typically severe and victims need immediate financial relief to accommodate medical bills.

The train accident lawyers at The Smith Law Center are intimately acquainted with the laws surrounding railroad accidents, whether the injured person is a passenger or rail worker. On this page, we help explain Amtrak’s past negligence, their failure to uphold strict safety standards, and why filing an Amtrak lawsuit is different from other types of personal injury lawsuits. 

Amtrak Derailment Lawsuits in Recent Years

Over the last few years, Amtrak lawsuits have risen from train derailments and crashes that have occurred with alarming regularity. In the worst ones, it is the driver who fails to notice an object or curve and is traveling well above the speed limit.

Many of these have resulted in devastating losses and wrongful deaths. Major Amtrak crashes and derailments from just the last five years are as follows:

March 9, 2015: An Amtrak train bound from North Carolina to New Jersey derailed after hitting an oversized tractor-trailer that was stuck on the tracks in Halifax, North Carolina. The crash led to 55 injuries, including serious ones. 

May 12, 2015: Amtrak Train 188 derailed on a curve in Philadelphia, killing eight people and injuring more than 200. The driver was traveling at over twice the 50 mph speed limit on the curve.

April 3, 2016: Two maintenance workers were struck by an Amtrak train traveling at over 100 mph in Chester, Pennsylvania. The lead engine of the train derailed in the crash.

Dec. 18, 2017: Three people lost their lives and dozens more were injured when an Amtrak train derailed in Washington state. The train was traveling at nearly 80 mph — more than twice the speed limit for a curve. The National Transportation Safety Board later said the engineer told investigators he misjudged the train’s location.

January 31, 2018: A passenger in a truck died when a chartered Amtrak train collided with a garbage truck that was stopped on the Lanetown Road crossing in Crozet, Virginia.

February 4, 2018: An Amtrak train collided with a parked CSX train in Cayce in South Carolina. The engineer and conductor of the Amtrak train died in the collision. At least 92 passengers and members of the Amtrak crew were treated for injuries at local medical facilities.

The frequency and severity of these crashes are all too common, raising questions about how seriously Amtrak considers proper safety measures. Victims and their families have filed lawsuits asserting that their losses were preventable, and courts have often sided with them.

Amtrak Crashes Raise Safety Concerns 

Amtrak’s poor safety culture has been at the center of investigations from lawsuits against the rail service. In spite of having access to government funding, they fail to enforce strong safety standards and proper training for engineers.

For example, in the wake of the 2016 Philadelphia crash that killed two Amtrak workers, the National Transportation Safety Board (NTSB) blamed the crash on negligent oversight. Amtrak workers at the crash site lacked required safety equipment for the railroad to steer trains around repair work on tracks, the NTSB stated.

The board found a combination of 20 safety lapses. Workers were not given a job briefing before high-speed trains were allowed back on the tracks.  

Similarly, the NTSB held a hearing after the Washington State crash of 2017, in which human error was to blame. The train’s engineer said that he failed to see the wayside signal at milepost 19.8, the curve where the accident occurred.

This lack of safety protocol has cost innocent lives and led to multiple high profile lawsuits. Our attorneys are experienced in handling Amtrak lawsuits and are available to give you a free legal consultation. Contact us to learn how we can help your family.

Lawsuits Brought Over Amtrak Crashes and Derailments

Numerous Amtrak lawsuits have been brought over recent crashes. For example, in the 2015 Philadelphia crash mentioned above, the rail operator took responsibility for killing eight people. It said it would not oppose claims for damages such as medical expenses. 

However, the pool for payouts is capped under federal law at $295 million. This is the result of a 1997 ruling by congress known as the Amtrak Reform and Accountability Act, which originally limited the amount victims could receive after an Amtrak crash to $200 million. That amount was later raised to $295 million in 2015.

In tragic incidents, such as the crash in Philadelphia, this pool could easily be exhausted given the number of deaths and serious injuries.

Among the many seriously injured, one passenger who sued Amtrak learned she was pregnant while in the hospital with broken bones and a concussion, her lawsuit stated. It was unclear if the crash harmed her unborn baby. The terms of the settlements reached by Amtrak were confidential.

Amtrak Injuries

Given their history of high-speed derailments and alleged oversight, both passengers and rail workers have suffered serious Amtrak injuries. When safety compliance isn’t taken seriously, the results can be disastrous.

For example, consider the fact that it takes an eight-car train moving 80 miles per hour at least a mile to stop (Minnesota Safety Council). Several deadly crashes have occurred with drivers traveling over 100 miles per hour on curves. It is no wonder that Amtrak crashes cause serious injuries.

Passenger injuries have included:

• Traumatic Brain Injury (TBI)
• Concussions 
• Spinal cord or whiplash injuries
• Broken bones
• Loss of life

Rail workers have also paid the price for Amtrak’s carelessness. On-the-job injuries can include:

• Slips and falls, such as on a platform or in a rail yard
• Falling objects
• Back injuries from climbing onto the train
• Death from being struck by a train

These injuries can cause lifelong complications for the victim, bringing on massive medical bills and significant lifestyle adjustments. Tragic deaths can also leave families reeling from devastation.

Speaking with a train accident lawyer can offer you the direction your family needs to move on after an injury. If you have questions, please don’t hesitate to contact our offices.

Filing a Lawsuit Against Amtrak

Amtrak was founded almost 50 years ago in 1971.

Today, the railroad handles traditional interstate passenger rail in 46 states and operates high-speed trains along its busiest route, the Northeast Corridor from Washington, D.C. to Boston. Amtrak has more than 500 destinations across a 21,000-mile system and has grown to 33 routes across America, according to its website.

Along with its growth, Amtrak continues to face ongoing legal action from injured consumers and their families. However, Amtrak lawsuits are unlike typical personal injury lawsuits for several reasons.

One distinction is that Amtrak receives government funding, even though it isn’t a government agency. This provides them with essentially limitless resources to face people in court. In addition to this, it is protected by certain laws that limit damages for anyone injured by Amtrak’s negligence.

Amtrak is not bound by many of the same elements as a typical personal injury case.

This is why it’s necessary to speak with an Amtrak injury lawyer if you or a loved one has been injured or died in a crash. The stakes are high and Amtrak has government funding at their disposal, making them a formidable opponent in litigation.

Speak to an Amtrak Accident Lawyer in Virginia

If you or a loved one were injured in an Amtrak train accident, it is highly recommended that you contact a train accident lawyer to ensure your rights are protected. We’re aware of how confusing this time can be and are available to bring clarity, understanding and hope.

The trial lawyers at The Smith Law Center have worked extensively with the victims of railroad crashes, and our results speak for themselves.

Please call us today for a free consultation to assess your case at (757) 695-9288.